The paper aims to analyze the connection between non discrimination principle and maximum participation principle in public procurement tenders.
Italian administrative judges do exclude that tenderers could change their offer after the deadline established in the public call: admitting this chance in favour of one competitor would cause a clear violation of equal treatment principle towards other undertakings who participate in the competition.
Although this is the most common opinion in jurisprudence, a deep analysis of legislation encourages to give a different answer.
The Italian Parliament has introduced in the previous public procurement code (legislative decree no. 163 of 2006) a new rule, which obliges the contracting authorities to help bidders who have submitted an incomplete or erroneous offer. In particular, tenderers must be allowed to submit, supplement, clarify or complete the relevant information or documentation within an appropriate time limit.
This rule is substantially confirmed in new public procurement code (legislative decree no. 50 of 2016).
Therefore, under the influence of European directives, and despite of the violation of equal treatment, it seems that Italian regulation does not host to the offer modification after the deadline established in the public call.
The promotion of principle of maximum participation leads to this consequence.

The paper aims to analyze the connection between non discrimination principle and maximum participation principle in public procurement tenders.
Italian administrative judges do exclude that tenderers could change their offer after the deadline established in the public call: admitting this chance in favour of one competitor would cause a clear violation of equal treatment principle towards other undertakings who participate in the competition.
Although this is the most common opinion in jurisprudence, a deep analysis of legislation encourages to give a different answer.
The Italian Parliament has introduced in the previous public procurement code (legislative decree no. 163 of 2006) a new rule, which obliges the contracting authorities to help bidders who have submitted an incomplete or erroneous offer. In particular, tenderers must be allowed to submit, supplement, clarify or complete the relevant information or documentation within an appropriate time limit.
This rule is substantially confirmed in new public procurement code (legislative decree no. 50 of 2016).
Therefore, under the influence of European directives, and despite of the violation of equal treatment, it seems that Italian regulation does not host to the offer modification after the deadline established in the public call.
The promotion of principle of maximum participation leads to this consequence.